1. Dividing Employee and Employer Contributions
The Mizar Holding Company, Inc.. 401(k) Profit Sharing Plan likely includes both employee deferrals and employer profit-sharing contributions. A key issue is whether employer contributions are vested. If they’re not, the alternate payee may not be entitled to them.
Be explicit in your QDRO. If you want to exclude non-vested amounts or specify a division of vested only, you’ll need to draft accordingly. Otherwise, disputes could arise, or the plan administrator may reject the order.

